Judge Juan Merchan has ordered former President Donald Trump to appear for sentencing in his hush money case. Trump's lawyers sought to delay the sentencing, arguing it would interfere with his presidential transition, but the New York Court of Appeals declined to grant a hearing. Prosecutors argue that there is no reason for the case to be delayed further.
Judge Juan Merchan ordered Trump to appear, in person or virtually, for a sentencing Friday in his hush money case. One judge of the New York Court of Appeals issued a brief order declining to grant a hearing to Trump's legal team. refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump’s trial and conviction last May on.
In a filing to the top New York court, Trump’s attorneys had said Merchan and the state’s mid-level appellate court both “erroneously failed” to stop the sentencing, arguing that the Constitution requires an automatic pause as they appeal and that the sentencing would disrupt the Republican’s presidential transition as he prepares to return to the White House on Jan. 20. Prosecutors pushed back, saying there's no reason for the high court to take the “extraordinary step” of entering a state case to halt a sentencing that's been delayed at Trump's request. “There is a compelling public interest in proceeding to sentencing,” Manhattan prosecutors wrote. “Defendant has provided no record support for his claim that his duties as President-elect foreclose him from virtually attending a sentencing that will likely take no more than an hour.” While Merchan has indicated he will not impose jail time, fines or probation, Trump’s lawyers argued a felony conviction would still have intolerable side effects, including distracting him as he prepares to take office. Trump’s attorney D. John Sauer called the case politically motivated and said sentencing now would be a “grave injustice.' Sauer is also Trump’s pick to be solicitor general, who represents the government before the high court. The emergency motion to the U.S. Supreme Court was submitted to Justice Sonia Sotomayor, who hears emergency appeals from New York. Trump’s attorneys also argue that evidence used in the Manhattan trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president. At the least, they have said, the sentencing should be delayed while their appeals play out on the immunity issue. Judges in New York have found that Trump's convictions related to personal matters rather than the official presidential at the core of the Supreme Court's ruling. Prosecutors argue Trump's claims aren’t strong enough to overturn his conviction and his appeal shouldn’t freeze the case because it's about evidence rather than the core charges. Any pause now would likely push the schedule out past Trump's inauguration, creating a yearslong or indefinite delay, prosecutors wrote
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